California Coastal Commission v. United States Department of the Navy

Good Law
22 F. Supp. 3d 1081·79 ERC (BNA) 1609·2014 U.S. Dist. LEXIS 72756
United States District Court, Southern District of CaliforniaMay 28, 2014Case No. 13cv0178 JM(JLB)California10,041 words

Opinion

Lead Opinion

Miller, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiff California Coastal Commission (“CCC”) moves for summary judgment on its claim that the Federal Defendants’ decision not to conduct a supplemental consistency determination under the Coastal Zone Management Act (“CZMA”), 16 U.S.C. § 1451 et seq., is arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701-706 . The United States Department of the Navy (“Navy”) and Secretary of the Navy Ray Mabus, in his official capacity, (collectively “Federal Defendants”)- oppose the motion as does Defendant Manchester Pacific Gateway LLC (“Manchester”). All Defendants separately move for summary judgment. Having carefully considered the Administrative Record, pertinent legal authorities, the arguments of counsel and for the reasons below, the court denies CCC’s motion for summary judgment on all claims and grants Defendants’ motion for summary judgment on all claims. The Clerk of Court is instructed to enter judgment appropriately and to close the file.

A. BACKGROUND

On January 23, 2013, the CCC commenced this action against Defendants to *1086…

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